United States Government Publishing Office publisher pbl distributor dst United States Government Accountability Office author aut Government Organization text government publication eng GAOREPORTS Legislative Agency Publications gao_comptroller_general legislative 2016-06-23 U.S. Government Publishing Office 1996-11-04 monographic deposited born digital 5 p. GA 1.13:B-271426 https://www.govinfo.gov/app/details/GAOREPORTS-B-271426 P0b002ee18fd48c6b f:271426 DGPO 2016-06-23 2016-06-23 GAOREPORTS-B-271426 machine generated eng fdlp COMPTROLLERDECISION GAOREPORTS-B-271426 B-271426 Comptroller General Decision

A National Guard member applied for reserve retired pay in 1971 upon reaching the required age 60 and having over the required 20 years of service. However, the service denied his application because he did not have certain required active duty service. He disagreed and repeatedly reasserted his position until in 1989 the service established his retired pay retroactive to 1971, but because of the statute of limitations, limited retroactive payment to 6 years. In 1991, due to his inquiries regarding the retroactive limitation, the service discovered that he was not entitled to retired pay and placed him in debt for payments received. Five months later the service erroneously reinstated his retired pay and continued the payments until 1994 when it again discovered its error. The Claims Group waived the debt related to the first period, but declined to waive the second period on the basis that at the time the second period payments began, he should have known they were erroneous. On appeal, we modify the Claims Group's settlement to waive collection of the amounts he received during the first 9 months of the second period since he had a basis then to reasonably believe the payments were proper, but not after he received definitive notice of the erroneous nature of the payments at the end of those 9 months. https://www.govinfo.gov/content/pkg/GAOREPORTS-B-271426/html/GAOREPORTS-B-271426.htm https://www.govinfo.gov/content/pkg/GAOREPORTS-B-271426/pdf/GAOREPORTS-B-271426.pdf GAO/B-271426 https://www.govinfo.gov/app/details/GAOREPORTS-B-271426 Comptroller General Decision GAO/B-271426; Chief Warrant Officer Rafael G. Amalbert-Erroneous Retired; Title 10 Section 12731(c) Title 10 Section 12738 Title 10 Section 1331-1337 Title 10 Section 1331(c) Title 10 Section 2774 10 U.S.C. 12731(c) 10 U.S.C. 12738 10 U.S.C. 1331-1337 10 U.S.C. 1331(c) 10 U.S.C. 2774 Title 31 Section 3702(b) 31 U.S.C. 3702(b)